THE LEGAL SYSYTEM IN INDIA
Constitutional Law:
In India, the Constituent Assembly adopted a comprehensive and basic legal scheme of the country on 26th November, 1949 and the Constitution of India, came into force on 26th January, 1950. India has a written and exhaustive constitutional law, which is the biggest in the world.
The Constitution of India has the Preamble and Articles enumerated from Part | to XX|| with 1 to 12 Schedules in the end portion. The Constitution of India, being the basic law of the Country contains the general policy of the Government of India like the constitution of the Parliament and State Legislatures, establishment of union and State Judiciary, formation of the Cabinets with Prime Minister at the centre and the chief Minister at the State levels, the provision for the appointment and service of the President of India, Vice President of India, Governors, Comptroller and Auditor General, Attorney General and Advocate Generals, Election Commission of India, Public service Commission’s etc.
The Constitution of India guarantees various fundamental rights and freedom in Part |||. It also provides mechanisms for enforcement of such fundamental rights by empowering the Supreme Court under Article 32 and the High Court’s under Article 226 to issue directions, orders and writs to safeguard such rights.
Civil Laws:
There is a general classification of other laws into Civil laws and Criminal laws. Civil laws deals with obligations and rights of the person. The remedies under the Civil laws are statutorily protected under various civil statutes. Violations of civil obligations are not as serious like the penal punishments, and most of the disputes in civil nature are among the private parties. The Code of Civil Procedures, 1908 is the codified law dealing with the procedure to be adopted in adjudication of disputes under civil laws.
In day to day life, private agreements are entered into between the parties, which is commonly called as Contracts and such contracts are subject to the provisions of the Contract Act, 1872. There cannot be an enforceable contract in violation of the general principles laid down in the Contract Act and it is one of the most important civil laws in the Country. The statutory requirements to enter into a contract, areas of breach of contract, and the remedies of specific performance are the salient features of the Contract Act.
Criminal Laws:
One cannot disturb the peaceful life of another by committing a wrong to his body, property or against his dignity. Such disturbances are called as penal offences, punishable gravely, either by sentence of imprisonment or imposition of fine, or both imprisonment and fine. The nature of punishment depends on the gravity of the wrong committed by the wrong doer.
Criminal Punishments:
There are various kinds of punishments depending upon the gravity of the wrong committed. Death sentence, imprisonment for life, rigorous imprisonment with hard labour, simple Imprisonment, forfeiture of property and imposition of fine are the various kinds of criminal punishments.
For example, a person who commits the offence of murder may be punished with death sentence or imprisonment for life depending on the facts and circumstances of the case. When a person causes bodily pain or infirmity to another, it is a hurt. When the person commits an act with an intention to cause hurt, such offences are punishable with a maximum imprisonment for one year or a fine up to Rs 1000/- or both.
No comments:
Post a Comment